THE NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL B 14D 2017 - SA Hunters
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THE NATIONAL ENVIRONMENTAL MANAGEMENT LAWS
AMENDMENT BILL [B 14D─2017]
ACRONYMS
DEFF Department of Environment, Forestry and Fisheries
DMRE Department of Mineral Resources and Energy
MEC Member of Executive Council
NEMLA National Environmental Laws Amendment Bill [B14D-2017]
NEMA National Environmental Management Act, 1998 (Act No. 17 of 1998)
NEMAQA National Environmental Management: Air Quality, 2004 (Act No. 39 of 2004)
NEMBA National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of
2004)
NEMICMA National Environmental Management: Integrated coastal Management Act, 2008
(Act No. 24 of 2008)
NEMPAA National Environmental Management: Protected Areas Act, (Act No. 57 of
2003)
NEMWA National Environmental Management: Waste Act 2008, (Act No. 59 of 2008)
SEMAS specific environmental management Acts
NATIONAL ENVIRONMENTAL LAWS AMENDMENT BILL [B14D-2017] • The National Environmental Management Act, 1998 (Act No. 17 of 1998) (NEMA) is the overarching umbrella legislation for environment in the country. Under this umbrella Act there are the specific environmental management Acts (SEMAs), which deal with specific aspects of the environment, namely air, biodiversity, coasts, protected areas and waste in more detail. • NEMA is implemented by 11 competent authorities, DEFF, 9 provinces and the Department of Mineral Resources and Energy. • The National Environmental Laws Amendment Bill [B14-2017] (NEMLA) was introduced to Parliament in May 2017. The D version of the Bill was passed by the National Assembly in November 2018. The presentation summarises the D Version of the Bill.
Amendments to the National Environmental Management Act, 1998
(NEMA)
• Certain definitions are amended e.g. ‘‘financial provision’’ while other definitions are
inserted to support substantive provisions e.g. ‘‘latent environmental impacts’’,
‘‘mitigate’’, rehabilitate’’, ‘‘remediate’’ and ‘‘residual environmental impacts’’ while
other definitions are added as consequential amendments to support substantive
provisions introduced in the Bill, e.g. ‘‘municipal council’’, ‘‘municipality” and
“municipal manager”.
• NEMA section 2 contains principles, which apply to all actions of organs of state that may
significantly affect the environment. A principle is added namely that the environment
sector must advance and promote the full participation of black professionals.
• Section 24 of NEMA deals with environmental authorisations and the instances where
environmental authorisations are required. The section sets out who the competent
authority is under certain circumstances and it makes provision for environmental
management instruments, which either can replace the need for an environmental
authorization or make it easier for an applicant to obtain one. The section makes provision
for prohibitions and restrictions in respect of the issuing of environmental authorizations
for certain areas and empowers the Minister to make regulations.Amendments to the National Environmental Management Act, 1998
(NEMA)
• Clause 3 amends section 24 to -
– Facilitate more flexibility in the use of environmental management instruments.
– provide for conditions and requirements to be included in the instruments.
– provide for a publicly available register be kept of all these adopted environmental management
instruments.
– make textual amendments to the prohibitions and restrictions provision to provide clarity;
– clarify the competency of the Minister responsible for mineral resources; and
– provide for the simultaneous submission of environmental authorisation applications and any other
related licences or permits required under any of the SEMAs. as well as integrated processes and
decisions where possible,.
– Provide for a requirement that an integrated licence must be issued, where the competent authority
is the same in all instances.
• Section 24 G deals with the rectification and consequences with the commencement
of an illegal activity (without an environmental authorization).Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Section 24G (Clause 5) of the NEMA is amended to -
• enable a person who has taken ownership or control of property (e.g. a bona fide purchaser) on which an unlawful
structure or development has been built to have such structure, development or activity authorised;
• allow a successor in title or person in control of such land to lodge a section 24G application for such structure or
development;
• make it mandatory for the Minister or MEC to direct an applicant to undertake certain actions; and
• increase the administrative fine from R5 million to a maximum of R10 million.
• Section 24N (Clause 6), which deals with environmental management programmes, currently
contains the content requirement for these instruments in the Act. The amendment allows that
environmental management programme content to be prescribed through Regulations.
• Section 24O deals with the consideration of environmental authorisations and consultation
requirements in this respect. Section 24O makes it mandatory for the Minister, The Minister of
Mineral Resources and Energy and the MECs to consult affected State Departments. The
amendment in clause 7 enables an environmental assessment practitioner to consult with State
department during the environmental authorisation application process.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Section 24P deals with the financial provisioning required to undertake progressive rehabilitation,
decommissioning, closure and post closure activities to ensure mitigation, remediation and
rehabilitation of adverse environmental impacts, and the amendment enables the Minister or the
MEC to prescribe instances when financial provision is required for activities requiring
environmental authorisation.
• The financial provision must be determined before the Minister issues an environmental
authorisation and an applicant, a holder of an environmental authorisation, a holder, holder of an
old order right must provide financial provision for progressive rehabilitation, decommissioning,
closure and post closure activities. The clause stipulates that the rehabilitation, remediation and
mitigation measures must be undertaken annually as prescribed. The clause also sets out the
financial provisioning vehicles to be used.
• An independent party can be appointed if the Ministers or MEC are not satisfied with the
determination or review of financial provision.
• Respective Ministers or MECs may use any part of the financial provision to fund rehabilitation
actions, if the holder of an environmental authorisation, holder, holder of an old or right fails to do
so.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
The Bill inserts a new section 24PA providing for financial provision for mining.
• The clause requires a holder of an environmental authorisation relating to listed or specified activities for
or directly related to mining activities, a holder or holder of an old order right -
– to maintain and retain financial provision until a closure certificate is issued; to review their
environmental liability and adjust their financial provision every three years;
– to independently audit the financial provision and the basis on which it is determined every three
years;
– to submit to the Minister responsible for mineral resources the audit report every five years (or
three years in the case a mining permit);
– to publish the decision of the Minister responsible for mineral resources on the review of the
financial provision publicly within five days of being notified of such review decision; and
– to annually undertake measures to mitigate, rehabilitate and remediate.
• This clause also empowers the Minister responsible for mineral resources, in consultation with the
Minister responsible for water affairs, to approve an annual drawdown of the financial provision to
support final decommissioning and closure for a period not exceeding 10 years before the final
decommissioning and closure.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• The clause further requires that financial provision for latent or residual
environmental impacts must be transferred to the Minister responsible for
mineral resources upon issuing of a closure certificate.
• The clause allows the Minister responsible for mineral resources to access
the financial provision on issuing of a closure certificate if the financial
provisioning vehicle used is an insurance.
• The Minister responsible for mineral resources or Minister responsible for
water affairs is also empowered to use the financial provision to rehabilitate
or manage the environmental impacts, if a holder of an environmental
authorisation relating to mining activities fails to mitigate, remediate and
rehabilitate environmental impacts.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Section 28 deals with the duty of care and the remediation of
environmental damage. Clause 12 empowers the Director-
General of DEFF and DMRE and the HODs of the provinces to
issue directives under certain circumstances. This power is now
also given to municipal managers.
• In line with the Promotion of Administrative Justice Act the section
is amended to allow for a notification and an opportunity to make
representations prior to the issuing of a directive.
• Where remedial measures have to be undertaken by the
authorities due to a failure to comply with a directive, the
amendment now empowers them to claim both anticipatory, as
well as costs already incurred.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Sections 31A-31Q (Clauses 13-19) deal with the appointment of environmental management inspectors across al three
spheres of government, and environmental mineral resources inspectors in the Department of Mineral Resources and
Energy to do compliance and enforcement in respect of the NEMA and the SEMAS.
• Sections 31B, BA, BB and C are amended to clarify that the Ministers responsible for environmental affairs, water
affairs and MECs may only designate environmental management inspectors from organs of state that execute a
regulatory function. This is to ensure that only authorities that have a legal mandate to monitor compliance and enforce
the provisions of NEMA and the SEMAs have designated inspectors within their ranks.
• The designation by the Minister responsible for mineral resources of persons as environmental mineral and petroleum
inspectors is enabled as well as the designation of officials from the Petroleum Agency of South Africa to undertake
compliance and enforcement activities in respect of petroleum resources.
• The Bill provides for national consistency in the powers and duties accorded to the designated environmental
management inspectors, whether undertaking compliance and enforcement with national or provincial legislation.
• It empowers the Minister responsible for Environmental Affairs, after consultation with the Minister responsible for
mineral resources, to support or undertake compliance monitoring and enforcement measures if it necessary to
address significant harm to the environment caused by prospecting and mining activities.
• The same standard of approved training for environmental management inspectors and environmental mineral and
petroleum inspectors is provided for as well as the power to prescribe through regulations a Code of Conduct.
• The powers of these inspectors are also clarified in the Bill. A member of the SA Police Service has the same powers
as these inspectors, excluding the power to conduct routine inspections in terms of section 31K and the power to issue
and enforce compliance notices in terms of sections 31L to 31O.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Section 34E of the NEMA deals with the treatment of seized live specimens and is amended to
provide that live specimens ‘‘may’’, instead of ‘‘must’’, be deposited with a suitable institution,
rescue centre or facility; as the circumstances require or may be disposed of in terms of section
30(a) of the Criminal Procedure Act, 1977 (mechanisms regulating the disposal of a seized
perishable item).
• The regulatory power of the Minister responsible for environmental affairs to specify offences and
prescribe the amount for purposes of admission of guilt fines is amended to ensure that Minister’s
regulatory power contextualizes section 57(5) of the Criminal Procedure Act, 1977 (Act No. 51 of
1977).
• The Bill clarifies that the Minister of mineral resources may delegate his or her powers under
NEMA to an organ of state, may subdelegate these powers or withdraw such delegation and
empowers the Minister responsible for water affairs and municipal manager of a municipality to
delegate his or her powers under the NEMA to an official in the Department responsible for water
affairs or municipality, respectively.Amendments to the National Environmental Management Act, 1998
(NEMA) (continued)
• Clause 34 amends clause 43, which deals with appeals against decisions taken
under delegated authority in terms of NEMA and the SEMAs.
• The Bill allows appeals against a decision taken by a NEM: Air Quality Act licensing
authority and where the licensing authority is a municipality, the appeal is to the
municipal council
• The Bill clarifies that an appeal will not automatically suspend a section 28(4)
directive or other administrative enforcement notice that is aimed at addressing
significant harm to the environment, unless there is good cause shown to the
satisfaction of the Minister and a person may also appeal a section 28(4) directive
issued by a delegated official.
• The Bill clarifies offences and penalties, substitutes the criminal offence of failing to
comply with a “request” with an “instruction” from an environmental management
inspector or environmental mineral and petroleum inspector and introduces new
offences and associated penalties.Amendments to the National Environmental Management: Protected
Areas Act, 2003 (NEMPAA)
• Section 48(1)(a) and (c) prohibit commercial prospecting, mining, exploration, production or
related activities in national park, special nature reserve or nature reserve. However,
section 48(1)(b) allows commercial mining in a protected environment provided the Minister
issues a written permission. The clause further amends subsection (4) to provide for the
criteria under which the written permission contemplated in section 48(1)(b) may be issued
by the Minister. The Minister may require any further information that he or she may deem
necessary before making a decision.
• Currently, section 57 of the NEMPAA only allows for the Chief Executive Officer of the
South African National Parks to be on its Board. However, in line with the
recommendations of the third Report on Governance in South Africa, 2009 (King III), the
Chief Financial Officer should also be on the Board. The amendment to section 57 is
intended to provide clarity that the Chief Financial Officer must be a member of the Board.
• Section 48A of the NEMPAA restricts certain activities in a marine protected area. However,
section 89 of the NEMPAA, which provides for offences and penalties, does not make it an
offence where a person undertakes a restricted activity in contravention of NEMPAA. The
clause amends section 89 to insert section 89(1)(e) and (2A), and thus creating an offence
for any person that undertakes a restricted activity in contravention of NEMPAA. The
clause also rectifies incorrect references to offences within NEMPAA.Amendments to the National Environmental Management: Biodiversity
Act, 2004 (NEMBA)
• .
• The Bill extends the scope of the objects of the NEMBA to clarify that the object is to provide that the use of indigenous biological
resources is ecologically sustainable, including taking into account the well-being of any faunal biological resource. The Bill
empowers the Minister to prohibit, by notice in the Gazette, any activity that may negatively impact on the well-being of a faunal
biological resource. Such a prohibition will be subject to such conditions as the Minister may specify in the notice. A public consultation
process must be undertaken before the Minister publish the final notice. The power to make regulations is extended to provide that the
Minister may make regulations in relation to the well-being of a faunal biological resource.
• The Bill amends NEMBA section 3 which provides for the State’s trusteeship of biological diversity. In terms of common law, all wild animals
are regarded as res nullius, meaning it belongs to everybody, but belongs to nobody in particular. The implication of this common law
principle is that, once a wild animal escapes from the land on which it occurred, the owner of such land loses ownership of the wild animal
that has escaped. The Game Theft Act, 1991 (Act No. 105 of 1991), changed the common law status of wild animals, in that it makes
provision for a person to retain ownership of a wild animal that escapes from land that he/she adequately fenced, and in respect of which a
certificate of adequate enclosure has been issued by the Premier of the province in which the land is situated. The implication is that where
wild animals escape from state-owned land, the state may lose the custodianship of those wild animals. The amendment provides that the
Minister may specify species and circumstances under which the State remains the custodian in such cases.
• . The proposed amendment also gives effect to the judgement in Eastern Cape and Tourism Agency v Medbury (Pty) t/a Crown River Safari
and Another (1466/2012) [2016] ZAECGHC 26, in which the High Court held that this issue must be legislated and not be relied on by
developing the common law by way of jurisprudence.Amendments to the National Environmental Management: Biodiversity
Act, 2004 (NEMBA) (continued)
• Currently all invasive species are treated the same in NEMBA. This amendment allows the
Minister to determine measures suitable for the different species. The Bill remedies an
impractical provision which requires every land owner or controller to know whether or not
they have invasive species on their land. Potentially most people may have some or other
invasive plant in their gardens and not know it. However, the more dangerous invasive
species (from a health or environmental perspective) should be addressed and the Minister
is given the power to prescribe the circumstances in which written notification of invasive
species on land must be given to the competent authority.
• The Bill empowers the Minister to prescribe measures to control or eradicate listed invasive
species. Categorisation of species in the regulations is not taken into account.
• The Bill provides clarity that the Chief Financial Officer must be a member of the Board of
the South African National Biodiversity Institute.
• The Bill provides clarity that the MEC for environmental affairs in each province must also
follow the consultative process set out in sections 99 and 100 of the NEMBA when
exercising a power under the ActAmendments to the National Environmental Management: Air Quality Act,
2004 (NEMAQA)
• Section 13 of the NEMAQA deals with the establishment of the National Air Quality
Advisory Committee. The Bill provides the Minister with a discretion to establish a
National Air Quality Advisory Committee.
• Section 22A of NEMAQA is amended to provide for the consequences of unlawful
conducting of listed activities. The clause will address two scenarios, namely, to
provide for those activities that were operated without a registration certificate under
the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965), and those
activities where there is no atmospheric emission license obtained under NEMAQA.
The Bill provides for the process and procedures to be followed in addressing the
non-compliance with the law and further empowers the Minister to direct an applicant
to undertake certain action, including undertaking public participation as prescribed
under the environmental impact assessment regulations. It sets the administrative
fine to a maximum of R10 million.
• The Bill clarifies that a province must be regarded as a licensing authority where a
listed activity falls within the boundaries of more than one metropolitan municipality or
more than one district municipality and indicates the instances when the Minister is
the licensing authority to issue atmospheric emission licenses for air quality activities.Amendments to the National Environmental Management: Air Quality Act,
2004 (NEMAQA) (continued)
• The Bills intends to facilitate the issuing of an integrated environmental authorisation
where the Minister is also a competent authority for the environmental impact
assessment activities, and licensing authority for the waste management activities.
The current provision appears to suggest that the Minister will always be the licensing
authority, whereas the intention is to provide that the Minister is only the licensing
authority if the Minister is also identified as such in terms of NEMA and NEM: Waste
Act.
• The Bill enables a co-operative agreement to be reached between the municipality,
MEC and the Minister as to who the licensing authority will be for an application.
• The Bill inserts a new section 47A to provide the licensing authority with the legal
power to revoke or suspend an atmospheric emission license, subject to the legal
requirements set out in the section and also sets out the procedure to be followed
before a licensing authority may revoke or suspend the license.
• The Bill clarifies and ensures that appeal regulations developed under section 43 of
NEMA are also applicable to appeals against air quality decisions.Amendments to the National Environmental Management: Integrated
Coastal Management
Act, 2008 (NEM: ICMA)
• Section 60 of the NEM:ICMA has been amended to allow for the issuing of notices for
the removal of structures that were erected prior to the commencement of the Act.
This amendment clarifies the retrospective effect of section 60. Currently
retrospectively is implied, and its application may leave some doubt. This is also in
line with section 59 of the Act and section 28 of NEMA, which expressly enables
retrospective application.
• Chapter 9 of the NEMICMA deals with appeals under this Act. It is the only Specific
Environmental Management Act (SEMA) under the umbrella NEMA that has its own
appeal provisions, despite the fact that the NEMA appeal provisions, specifically
apply to all SEMAs. To streamline and avoid duplication, the Appeal chapter in the
NEMICMA is being repealed.Amendments to the National Environmental Management: Waste Act,
2008 (NEMWA)
• The Bill inserts certain definitions e.g. of ‘‘building and demolition waste’ ’business
waste’’, ‘‘domestic waste’’, ‘‘general waste’’, ‘‘hazardous waste’’ and ‘‘inert waste’’ that
were contained in Schedule 3 to the NEM: Waste Act and removes these from
Schedule 3 and inserted in section 1 of the Act.
• The Bill inserts certain new definitions of ‘‘residue deposit’’ and ‘‘residue stockpile’’ in
alignment with NEMA and the Mineral and Petroleum Resources Development Act,
2002 (MPRDA).
• The Bill provides for textual amendments to the definition of ‘‘waste’’ so as to provide
legal clarity on the interpretation and to prevent unintended consequences.
• The Bill provides clarity that residue stockpiles and residue deposits are no longer
regulated under NEMWA, but under NEMA.Amendments to the National Environmental Management: Waste Act,
2008 (NEMWA) (continued)
• The Bill amends NEMWA to establish the Waste Management Bureau as a fully-fledged entity. It is established as a juristic
person with a Board, and in the absence of a functional board, the powers and duties of the Board revert to the Minister
responsible for environmental affairs. It also sets out the Minister’s supervisory powers.
• The Bill amends sections 34F, 34G, 34H, 34I, 34J, 34K and 34L of the NEMWA and sets out the general powers of the
Waste Management Bureau, the governing Board of the Waste Management Bureau, composition and membership,
qualifications for members of the governing Board, appointment procedure for members of the governing Board, term of
office of members of the Board and conditions of appointment of members of the governing Board.
• The Bill inserts new sections 34M-34Z which set out the governance matters of the Board.
• The Bill provides clarity that an owner of the land that is likely to be contaminated has a legal obligation to notify the Minister
of such contamination as soon as that owner becomes aware thereof and clarifies that a site assessment report must be
submitted together with a remediation plan.
• The Bill indicates that the Minister must keep a national register of all contaminated land.Amendments to the National Environmental Management: Waste Act,
2008 (NEMWA) (continued)
• Section 43 of the NEMWA identifies the licensing authorities for different waste management licences.
The Minister responsible for mineral resources is identified as one of the licensing authorities to issue
waste management licences in so far as the waste management activities is or is directly related to
prospecting or exploration of a mineral or petroleum resource or extraction and primary processing of a
mineral or petroleum resource.
• The Bill ensure that the Minister responsible for mineral resources as the identified licensing authority is
responsible for the implementation of the waste management licensing system in so far as the waste
management activities is or is directly related to prospecting or exploration of a mineral or petroleum
resource; or extraction and primary processing of a mineral or petroleum resource.
• The Bill facilitates an agreement between the licensing authorities on the implementation of the licensing
system.
• In exceptional circumstance where the MEC unreasonably fails to take a decision to issue a waste
management license or not within the prescribed timeframes, the Bill provides that an applicant may
request the Minister to take the decision. The Department was mindful of sections 125(2)(b) of the
Constitution of the Republic of South Africa, 1996, which provides that the Premier, together with other
members of the Executive Council has the power to implement all national legislation within the
functional areas listed in Schedule 4 or 5 of the Constitution, except where the Constitution or an Act of
Parliament provides otherwise.Amendments to the National Environmental Management: Waste Act,
2008 (NEMWA) (continued)
Currently, the variation of a waste management licence is not subject to the payment of a
prescribed processing fee. Practically, it has been established that the variation of a
waste management licence involves a lot of work. Clause 71 provides for the payment of
a prescribed processing fee for the variation of a waste management licence.
Clause 72 is a consequential amendment deleting the offence regarding residue
stockpiles and residue deposits. These stockpiles and deposits are no longer regulated
under NEMWA, but under NEMA. The clause also creates an offence if a person
contravenes a provision of a norm or standard.
Clause 73 is also a consequential amendment deleting the Minister’s power to develop
regulations. Residue stockpiles and residue deposits are no longer regulated under
NEMWA, but under NEMA.Amendments to the National Environmental Management: Waste Act,
2008 (NEMWA) (continued)
• The provisions of section 74 do not provide the Minister responsible for mineral resources with
legal power to issue exemptions in so far as such exemptions relate to provisions administered by
the Minister responsible for mineral resources. The scope for exemption applications also appears
to be too wide. Clauses 76, 77, 78 and 79 amend sections 74, 75, 76 and 77 to provide for the
consequential textual amendment empowering the Minister responsible for mineral resources to
issue an exemption in so far as such an exemption relates to a provision administered by the
Minister responsible for mineral resources. The Bill also provides clarity that there will be no
exemptions provided from the requirement to obtain a waste management licence.
• The Bill replaces the expression of the ‘‘Minister of Water Affairs and Forestry’’ with the Minister
responsible for water affairs.
• Schedule 3 provides for sources of waste and is read with the definition of ‘‘waste’’ contained in
section 1 of the Act. Clause 81 repeals Schedule 3 in order to provide clarity as to what
constitutes a waste. The revised definition of ‘‘waste’’ provides clarity on what is regarded as
waste.Amendments to the National Environmental Management Amendment
Act, 2008 (NEMA)
It appears that there is legal uncertainty whether an environmental management plan or
environmental management programme approved and issued in terms of the Mineral and
Petroleum Resources Development Act, prior to the implementation of the One
Environmental System on 8 December 2014, is deemed an environmental authorisation
under the National Environmental Management Act, 1998. The Bill amends clause 12 of
the NEMA Amendment Act, 2008 to provide legal clarity that an environmental
management plan or programme applied for and approved in terms of the Mineral and
Petroleum Resources Development Act, 2002, on or before 8 December 2014, is deemed
to have been approved and issued in terms of National Environmental Management Act,
1998.Amendments to the National Environmental Management Amendment
Act, 2008 (NEMA) (continued)
The Bill provides clarity that if an EA or WML was required for activities related to mining
activities before 8/12/2014 and obtained prior to commencement of such mining
activities, or if an MPRDA right or permit was required prior to 8/12/2014 and was
obtained prior to commencement thereof, such EA, WML or mining right/permit is
deemed as fulfilment of the requirements of NEMA and NEMWA. However, if an EA or
WML was required, but not obtained or refused, this will not be regarded as having
fulfilled the necessary requirements. The Bill further provides that the Minister
responsible for mineral resources may direct an MPRDA right/permit holder to upgrade
the environmental management plan or programme if operations are likely to result in
unacceptable pollution, ecological degradation or environmental damage. The Bill also
enables the Minister to issue an environmental authorisation once the deficiencies have
been rectified.Amendments to the National Environmental Management Amendment
Act, 2008 (NEMA) (continued)
• The Bill provides for transitional provisions regarding residue stockpiles
and residue deposit approvals issued in terms of the NEMWA.
• It provides for clarity that the residue stockpiles and residue deposit
approvals or waste management licences issued in terms of the
NEMWA, remain valid until they lapse or are replaced under the NEMA.
• It further provides clarity that the regulations pertaining to the
management and control of residue stockpiles and residue deposits
developed under the NEMWA remain valid and are regarded as being
developed under the NEMA.Amendments to the National Environmental Management Amendment
Act, 2008 (NEMA) (continued)
• The Bill provides for transitional provisions for the Waste Management Bureau
and clarifies that anything done by the Waste Management Bureau under the
repealed Part 7A of the NEMWA remains valid until any subsequent new
provisions override it.
• The Bill further indicates that the Waste Management Bureau in place at the
time of commencement of this Amendment Act remains in place until members
of the Board are appointed in terms of the new section 34G of NEMWA.
• The Bill further clarifies that the Minister may direct that employees or the CEO
of the Waste Management Bureau at the time of the coming into effect of this
Amendment Act, be absorbed into the new structure in their existing positions.THANK YOU! Amanda van Reenen Law Reform and Policy Coordination Department of Environment, Forestry and Fisheries Tel: 012 399 9283 | Mobile: 083 280 0730 Website: http://www.environment.gov.za Address: Environment House, 473 Steve Biko Road, Arcadia, Pretoria, 0083
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